The inability to lead a normal life after a personal injury accident is called “loss of enjoyment of life”. The loss of the capacity to enjoy your life is part of the non-financial damages occurring from an accident. When an accident results in changes in the victim’s way of life that limit their capabilities in doing the things they used to, they may be entitled to this type of economic compensation. However, if you were at fault for your personal injury accident, you can not claim compensation for losing the capacity to enjoy life. Someone else’s negligent act must be responsible for your injuries to file a personal injury lawsuit or claim.
If you or someone you care about suffer injuries from another person’s recklessness, you should speak with a Tampa personal injury attorney to help you protect your rights to compensation.
Is Loss Of Enjoyment Of Life Different From Pain And Suffering?
Loss of enjoyment of life is different from pain and suffering. If you lost your capacity to do the activities you enjoyed doing before the personal injury accident, like sports or even going out with friends, you can claim loss of life enjoyment. You should ask a personal injury attorney the guidance to help you prove that the accident left you seriously disabled from a social point of view. You can claim compensation for the loss of enjoyment of life you used to experience before, but also for what you will miss in the future due to your injuries.
This type of damage is difficult to measure. There is no specific measure to calculate it. The amount of compensation should be fair and based on clear evidence.
In most Florida traffic accidents, having a permanent injury can justify a loss of enjoyment of life claim. However, there are always exceptions to this rule.
Per Diem Compensation For Loss Of Enjoyment Of Life
In Florida, proving your inability to lead a normal life may award you with a daily amount of compensation. The court may allow you to present a per diem argument.
Furthermore, you should make a per diem claim to the insurance adjuster based on specific evidence showing your loss of the capacity to enjoy life.
Your target should be proving that you have lost. For instance, if your leg was injured in the accident, you should ask your insurer to think about how many steps they walk in one day. Ask them to think about how they would feel if they were in pain every step they made. Depending on the part of the body injured (your back or your eyes), you can think of a related comparison.
Older People And Loss of Enjoyment Of Life
Insurance companies usually offer less money for loss of enjoyment life to older people. They justify this by arguing that people in their 70’s or 80’s have fewer years of life ahead and that they cannot prove a significant inability to enjoy life at that age. However, personal injury victims should confront the insurance adjuster with the argument that they have worked a long time or even their entire life, to earn the ability to enjoy their life at this age. For example, for people enthusiastic about playing golf, losing the ability to do so in their 70’s is a significant loss. Furthermore, they can also argue about their family’s life expectancy if their ancestors lived into their 90’s.
A Personal Injury Lawyer Investigating Your Case
A Florida personal injury lawyer will review the following issues with you:
- What was your physical condition before the accident
- What were the physical demands of your work before the accident
- What were the physical needs of your recreational activities before your accident
- Specific evidence showing the pain and suffering resulting from the accident
- The immediate results of your injury, like pain, fear, anxiety, and shock
- The medical procedures you went through, like surgery, physical therapy, and medication
- The need for medical assistive devices, like canes or wheelchairs
- Your current physical condition due to your injury
- Your present emotional state due to your injury
- Your current physical capability for work and recreation compared to your previous capability
- How your injury affected your family
- The complete effect of your injury on you, like how different you are now compared to before the accident
Contact A Tampa Personal Injury Attorney
Getting in touch with an experienced Tampa personal injury lawyer is the most important thing you should do to ensure that your personal injury claim will be successful. Contact us at Winters and Yonker for your free consultation.